Terms & Conditions
1 - About The Vanilla Intuition
1.1 - These terms apply to The Vanilla Intuition website thevanillaintuition.com (Website) and associated fitness and nutrition services and products provided through them (‘Products’, ‘Product’), which are owned by Natalia Kállay (‘The Vanilla Intuition’,‘we’, ‘our’, or ‘us’).
1.2 - The Vanilla Intuition offers a variety of Fitness Products & Services, Digital Products & Downloads, Home Decoration & Utensils, Coffee, Jewelry and Clothing which are promoted via the Website.
1.3 - The Vanilla Intuition does not offer face to face personal training and does not offer individually tailored exercise, fitness or nutrition advice; nor any kind of personal assessment.
1.4 - Products purchased through The Vanilla Intuition are subject to these Terms and Conditions.
1.5 - The Vanilla Intuition Services are based on generic information around nutrition, fitness, health, beauty, use and weight loss management, amongst others, and we do not provide individually tailored advice of any kind. The information provided on the Website does not take into consideration your medical conditions, whether you are pregnant or breastfeeding or any other health or medical issues individual to you.
1.6 - Before following any information provided on the Website, seek advice from your medical practitioner or health advisor beforehand.
1.7 - If you suffer from, or may suffer from, a medical condition or health concern, or if you are pregnant or breastfeeding, then it is especially important that you consult your medical practitioner before following any information provided on the Website.
1.8 - The Vanilla Intuition does not guarantee any particular outcome as a result of your participation in or use of any information provided.
1.9 - The use of any of the Products purchased via the Website will only be for personal purposes and always under the sole responsibility of the consumer. Neither The Vanilla Intuition nor Natalia Kállay are responsible for any injury, legal issue, health issue, death or other causes and problems that may appear from the Products offered on or via the Website. The Products and the consequences that may derive from them or their use are fully under the responsibility of the purchaser and consumer of said Product or Products.
2 - Validity and Duration of product purchases
2.1 - After purchasing any Product from the Website, the purchaser will be granted access to that purchase for life, unless circumstances outside of the control of The Vanilla Intuition were given.
3 - Terms of Use
3.1 - By registering an Account with us, or using or accessing the Website you will be acknowledging and agreeing that you:
(a) have read and understood these terms and conditions and agree to be bound by them;
(b) consent to the use of your personal information for the purposes set out in these terms generally; and
(c) consent to receiving communications from us as outlined in paragraph 8 of these terms.
3.2 - The Vanilla Intuition may amend its terms and conditions from time to time and will post its amended terms on the Website. The date of posting the amended terms on the Website will be the date the new terms come into effect and apply to you. Your continued use of the Website, Products and purchase of any other goods and services from The Vanilla Intuition after posting of the amended terms will indicate your acceptance of the amended terms.
4 - Registration on a program and license
4.1 - Customers must be at least 18 years old in order to register an Account, use, access or purchase a Product.
4.2 - Purchase of a Product is for you as a single user only. You may not authorise third parties to use any Product, or other digital product or service supplied by us to you via your Account.
4.3 - Upon purchase of an e-book, meal plans or nutrition guides you are entitled to download and print one copy of the item only. You are not permitted to copy or distribute it. A breach of this term will entitle us to terminate your access to any program you have purchased without refund.
4.4 - On registration for a program, The Vanilla Intuition grants you a limited non-exclusive, non-sublicensable, non-transferable and revocable licence to use the materials provided with the program in accordance with these terms and conditions and solely for your personal use and enjoyment.
5 - Payments and refunds
Website
5.1 - Customers must pay for all Products and other goods or services ordered through the Website at the time of purchase using the credit card payment facility or via PayPal and other payment services provided in the Website.
5.2 - No refunds are available in respect of Products, including accidental purchases, unused program periods, or any similar reason or event.
6 - Exchanges/ Merchandise
6.1 - The Vanilla Intuition does not offer size/color refunds, nor do we accept exchanges for change of mind (including sizes), accidental purchases or circumstances. All purchases are final and unable to be swapped or returned. Please note that we do offer exchanges and refunds where the products are:
- Faulty (Other than where the fault is caused by the Customer);
- Misdescribed (as determined by The Vanilla Intuition in our sole discretion); or
- The incorrect size was received due to a dispatch error (please note that we are only able to offer an exchange or refund if the size received does not match the size ordered).
Read our Refunds & Exchanges Policy here.
7 - Faulty Equipment/Merchandise
7.1 - The Vanilla Intuition has the right to assess the age and condition of returned merchandise that has been used prior to processing a refund or exchange. Unless the merchandise is deemed a genuine manufacturers fault or some other issue for which you are entitled to a refund under the ACL, exchanges and refunds will not be provided.
7.2 - For online orders, simply email The Vanilla Intuition to make a return, at thevanillaintuition@gmail.com.
Returns for Faulty items will be accepted where they are returned to our facility within 30 days of the purchase date.
In the rare event that you receive a faulty item, you are required to send photo evidence to thevanillaintuition@gmail.com If your claim is justified, you will be offered a refund upon the item being received back into our facility. Please note that The Vanilla Intuition has the right to assess the age and condition of the faulty item. Unless the item is deemed a genuine manufacturers fault, exchanges and refunds will not be provided.
Note: refunds, in the exceptional cases noted earlier, are only applicable to Physical Products. The Purchase of any digital product, download, e-book or program is Final and Non-Refundable.
8 - Privacy
8.1 - The Vanilla Intuition is committed to protecting your privacy.
8.2 - When you register an Account or purchase a Product, we will have access to personal information about you, such as your contact details. We will protect this information and only use, disclose or deal with this information in accordance with our Privacy Policy.
8.3 - Any personal information you provide to us will be collected for the primary purpose of providing you with access to and use of the Website and participation in and use of the Products.
8.4 - The Vanilla Intuition conducts its business across Spain and the world and may need to share personal information with third parties for the purposes of providing the The Vanilla Intuition goods and services and conducting its business and other purposes stated in its Privacy Policy (Purposes).
8.5 - If we are required by law, or if necessary for debt collection reasons or other Purposes, or where you consent, your personal information may be disclosed to a third party.
8.6 - Customers consent to the disclosure of their personal information for the Purposes including to overseas recipients.
8.7 - Overseas recipients may include entities providing services to us (including computer servers), such as cloud storage or data hosting, based in India or worldwide.
8.8 - We may use SMS and/or email to communicate with you. From time to time, we may send you information about The Vanilla Intuition by post, email, telephone call or SMS.
8.9 - We may need to contact you to:
(a) administer accounts and process payments;
(b) communicate with you regarding any issues affecting your registration or purchase of any Product;
(c) provide information on services and benefits available to you;
(d) provide reminders of program key dates;
(e) provide you with our periodic newsletters and updates about our services or special offers available to you; and
(f) conduct market research or surveys to improve the services provided by The Vanilla Intuition.
8.10 - If you do not wish to receive any communications or SMS reminders from us, please advise us or alternatively follow the ‘unsubscribe’ instructions provided in the communication. You acknowledge that if you opt out of receiving SMS or other communications from us, this may adversely affect your use or participation in a Product.
8.11 - The Vanilla Intuition may disclose your personal information (including your contact details) to its professional advisers, a claims processor or an insurer if there is a Claim, a dispute, an investigation by any police authority or any governmental body or similar agency.
9 - The Vanilla Intuition Rules including for use of social media
9.1 - Customers must:
(a) ensure that their login details for the Website (including usernames and passwords) are kept confidential and not disclosed to any other party;
(b) notify The Vanilla Intuition immediately if you suspect or know that your Account has been accessed without your authority;
(c) accept responsibility for all activity on your Account or a program which takes place using your login or password;
(d) not use nor purchase a Product or the Website for any illegal purpose;
(e) not undertake any activity which uses, exploits or affects the Brand or The Vanilla Intuition Intellectual Property except for the purposes of your personal participation in a program or personal use of Products purchased through the Website;
(f) not interfere with the enjoyment of another Customer;
(g) not perform any fraudulent activity in connection with the a Product or the Website;
(h) not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or potentially damaging to our technology
9.2 - The Vanilla Intuition reserves the right, in its absolute discretion, to remove any social media content and any information posted on any App or website or social media forum which The Vanilla Intuition considers breaches the rules set out in this agreement.
9.3 - Customers are responsible for obtaining and maintaining the data network access to use the Website and Products. Customers are also responsible for updating their devices to enable use of the Website and Products and any updates to the Website.
9.4 - Customers are responsible for ensuring that the premises at which exercise programs are undertaken are safe, clean and suitable for the purpose of undertaking or use of a Product.
10 - Suspension or termination of your Account or use of the Website
11.1 - The Vanilla Intuition may suspend or terminate your Account or registration on a program or challenge at any time should it consider that you have breached these terms and conditions or it is otherwise appropriate to do so.
11.2 - The Vanilla Intuition will suspend or terminate the Account by written notice to the Customer (which will include notice by email). This may include but is not limited to when a Customer is being investigated by The Vanilla Intuition or where the Customer is believed to be displaying, or engaging in activity that facilitates illegal activity, depicts sexually explicit images, promotes violence, threatening, defamatory, harassing, abusive or discriminatory content.
11.3 - The Vanilla Intuition may amend or remove your membership of any Facebook or other social media groups associated with a program, or any posts you place on such social media platforms at any time at its absolute discretion.
11.4 - Customers may stop using a Product, or the Website at any time due to medical reasons, maternity leave, travel, or financial stress under their own responsibility and always according to these Terms & Conditions.
12 - Complaints
12.1 - Customers may make a complaint by email to thevanillaintuition@gmail.com
12.2 - Customers must use the subject line ‘Complaint’ on the email and must outline the complaint in detail including the nature of the complaint, and attach copies of any documentation which supports the complaint.
12.3 - The Vanilla Intuition will investigate the complaint and endeavour to respond within 14 Business Days.
13 - Risk Warnings and Disclaimers
13.1 - You acknowledge and agree that there are patent and obvious risks in undertaking fitness and exercise routines and programs and that whilst taking part in, accessing or using any Products, including participating in any seminar or personal or group fitness activity. You may be at risk of death or personal injury including broken bones, soft tissue injuries (including injuries to muscles, tendons, ligaments, fascia (connective tissue), nerves, fibrous tissue and blood vessels), joint injuries, heart, lung and breathing problems (and aggravating a pre-existing condition or injury) due to:
(a) known or unknown health problems or previous injuries;
(b) pregnancy;
(c) engaging in activity which is too strenuous for your level of fitness and health;
(d) tripping or slipping – including over fitness equipment both at home and in a gym; and
(e) attempting an activity which is beyond your exercise capability.
13.2 - We are not a medical organization and we do not and cannot provide medical advice or assistance in whatever form. You understand that any exercise and nutrition guides we offer should not be taken as medical advice, and are for information purposes only.
13.3 - You understand that any exercise and nutrition guides offered, conducted or promoted by The Vanilla Intuition are not individually tailored to your personal circumstances and you must seek advice from your medical practitioner before following any particular advice or plan or purchasing and using a Product.
13.4 - Provided nutritional and exercise guides and all Products are intended for informational purposes only, must not be taken as medical advice, and should be regarded as generalised recommendations.
13.5 - The Vanilla Intuition does not guarantee that the Website will function on any particular device and Customers acknowledge and agree that the Website may suffer from malfunction, interruption or unavailability from time to time and that this is an inherent risk of such internet and electronic based systems.
13.6 - The Vanilla Intuition is not responsible for any injury, allergy, risk or cause of death that may occur from the purchase or use of any Product or materials it may contain.
14 - Liability
14.1 - All Products are:
a) rendered with due care and skill;
(b) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier and might reasonably be expected to achieve any result you have made known to the supplier; and
(c) are supplied within a reasonable time (when no time is set).
14.2 - (Permitted exclusion): However, you acknowledge and agree that we exclude all liability to you for death or injury resulting from a failure by us to comply with any consumer guarantee. In the previous sentence, “injury” means:
(a) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
(b) the contraction, aggravation or acceleration of a disease; or
(c) the coming into existence, the aggravation, acceleration or recurrence of any condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community.
14.3 - Please note that nothing in this agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a consumer guarantee) which cannot be lawfully excluded, restricted or modified.
14.4 - Otherwise, and except as expressly included in this agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, but subject to the preceding paragraph, we are not liable for
(a) negligence;
(b) breach of terms implied that services will be provided with reasonable care and skill at common law that in either case results in your death or injury in connection with or under this agreement, but to avoid doubt we do not exclude liability for our reckless conduct.
14.6 - The Vanilla Intuition will not be liable for any loss or injury attributable to:
(a) your fault;
(b) a third party unconnected with the provision of goods and services provided by us (such as the owner or premises where you undertake a program or purchase a Product);
(c) any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, device, programs, data or other material due to your use of the Website or your downloading any material such as e-books or other material on the Website, or any website linked to it;
(d) the conduct or actions of Customers online or offline or their use of the Website;
(e) the suitability of a Product purchased by you;
(f) unauthorised access or use of your Account by third parties;
(g) any website links contained on the Website to external organisations or advertisements or the use of such an external organisation's website or App; or
(h) events which neither we, nor our suppliers or agents could have foreseen or forestalled, even if we had taken reasonable care
14.7 - We are not liable if you ignore our requirement set out in these terms, or at any other time, to seek medical or other professional advice.
15 - Warranties (by Customers)
15.1 - You represent and warrant to The Vanilla Intuition that:
(a) you are 18 years old or over;
(b) you have sought and obtained advice from your medical practitioner before commencing any program, purchasing a Product or following any meal plan or nutrition guide supplied by us;
(c) all information and documentation provided to The Vanilla Intuition from time to time is true and accurate and not misleading in any respect;
(d) you will exercise in a place which is safe and suitable for the program; and
(e) you will abide by these terms and conditions at all times.
(f) you will be responsible for the management of any food allergies or intolerances. We are not liable for your failure to observe any dietary restrictions connected with a food allergy or intolerance, whether known or unknown.
16 - Limitation/exclusion of liability
16.1 - Customers acknowledge and agree that The Vanilla Intuition excludes all liability to Customers to the maximum extent permitted by law.
16.2 - All implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, we are not liable for:
(a) negligence or fault of Customers;
(b) the acts or omissions of a third party unconnected with the provision of goods or services by The Vanilla Intuition;
(c) any defect in or complaint about the availability of a Product;
(d) delays in the functionality of, or inability to access the Website (and to this end The Vanilla Intuition does not guarantee or warrant that the Website will be uninterrupted or error fee); and
(e) any behaviour by a Customer towards another Customer or third parties which is defamatory, libellous, unlawful or offensive way towards other Customers or third parties.
16.3 -We are not liable for your failure to observe any dietary restrictions connected with a food allergy or intolerance, whether known or unknown.
16.4 -Customers agree and accept that the entire risk arising out of your use of the Website and participation in Programs and use of goods and any other services purchased through the Website remains solely with Customers to the maximum extent permitted by law.
16.5 - The Vanilla Intuition will not be liable for an indirect, incidental or consequential damage including loss of profits, lost data or lost Customer Content, personal injury, death or property damage in connection with or referable to a Customer’s use of the Website or other goods or services provided in connection with or referable to the Website and any Product.
17 -Indemnity
17.1 - Customers agree to indemnify and hold The Vanilla Intuition and its officers, directors, employees and agents harmless from any and all Claims arising out of or in connection with:
(a) a Customer’s use of the Website or participation in programs or challenges;
(b) use of products purchased through the Website;
(c) a Customer’s breach of these terms and conditions;
(d) our use of your Customer Content;
(e) a Customer’s breach of duty of care, or negligence towards another Customer; or
(f) a Customer behaving in a defamatory, libellous, hateful, aggressive, violent, obscene, unlawful or offensive way towards other Customers or third parties.
18 - Notice
18.1 -We may give notice to you by email to your email address in your Account or by written communication to your address as set out in your Account, Customers may give notice to us by email to thevanillaintuition@gmail.com
19 - Assignment
19.1 - The Vanilla Intuition may assign or transfer the rights and benefits under this agreement and sub-contract our obligations under this agreement to a third party in whole or in part at any time without the approval of the Customer.
19.2 - The Vanilla Intuition may transfer ownership of the Products and the Website at any time without the consent of the Customer and the Customer hereby consents to the transfer and disclosure of his or her personal and sensitive information (including health and financial information) to any purchaser of The Vanilla Intuition or its business and assets.
20 - Severance
20.1 - If any provision of these terms is found to be illegal, invalid or unenforceable, in whole or in part, under any law, then such provision or part of it will be deemed not to form part of these terms and the legality and enforceability of the other provisions of these terms will remain unaffected and enforceable.
21 - Entire Agreement
21.1 -These terms constitute the entire agreement between The Vanilla Intuition and Customers and replaces and supersedes all other prior agreements or undertakings between the parties.
22 - Intellectual Property and Ownership
22.1 -The Website, The Vanilla Intuition logo, trade marks and images, the Brand and these terms and conditions, the content of Website, Products, nutrition guides and e-books and any materials we provide to you in connection with the Website or a program (Natalia Kállay Intellectual Property), will at all times remain our property and are subject to copyright and other intellectual property rights under Spanish law, international conventions and other laws.
22.2 -You undertake not to copy, publish, sell or reproduce in whole or in part, the Natalia Kállay Intellectual Property or Products of The Vanilla Intuition except as is expressly permitted by these Terms & Conditions.
23 - Governing laws
23.1 - These terms and conditions will be governed by and construed in accordance with the laws of the state of Comunidad de Madrid, Spain (Juzgado de Primera Instancia de Madrid).
23.2 - All parties hereby submit to the jurisdiction of the Courts of Comunidad de Madrid, Spain (Juzgado de Primera Instancia de Madrid).
24 - Your acknowledgements and consents
24.1 -By accessing The Vanilla Intuition Website and/ or registering an Account you acknowledge and agree that:
(a) you have read and understood these terms and conditions and agree to be bound by them;
(b) you are responsible for all costs incurred by you with respect to your usage of the Products, e-books, and Website including data usage fees and other telecommunications fees;
(c) you give permission for The Vanilla Intuition to disclose your personal information in accordance with these terms and conditions and our Privacy Policy; and
(d) you consent to receiving any communications from us as outlined in paragraph 8 above however you may opt out at any time.
25 - Definitions
25.1 -In these terms and conditions the following words have the following meanings:
Account means a Customers Account registered with us through the Website;
Natalia Kállay Intellectual Property has the meaning given to it in clause 22.1 stated above.
Brand means the distinctive appearance, image, goodwill and reputation that attaches to our Website and all other materials supplied through the Website, The Vanilla Intuition trademarks and the application of the trademarks and the Natalia Kállay Intellectual Property to goods, services and premises and includes the distinctive image, brand positioning and customer appeal created by the appearance, layout, general ambience and presentation of the Website and Products we provide (through the Website);
Business Days means any day (excluding Saturdays and Sundays and public holidays) on which banks are open for business in Comunidad de Madrid, Spain.
Claim means all claims, liabilities, debts, costs, expenses or obligations, whether actual or contingent, present or future, quantified or unquantified, damages, demands, suits, actions and causes of actions, including legal fees on a solicitor and own client basis, other professionals’ and experts’ fees, and court or dispute resolution costs;
Customer means any person who registers an Account with us;
Customer Content means any words, images, links or other content posted by a Customer on the Website or any other social media forums;
Products means all The Vanilla Intuition associated fitness and nutrition services and products (including all challenges, programs, workshops, seminars, apparel, equipment and gift vouchers); and
Privacy Policy means The Vanilla Intuition privacy policy displayed on the Website from time to time which is available here.